Drunk Driving Laws by State

Far too often, the damages and injuries resulting from a car accident are caused by a drunk driver. Each state has different limits, restrictions, and penalties regarding alcohol. While some refer to Driving While Intoxicated (DWI), others call a drunk driving offense Operating Under the Influence (OUI). That's why we've created this free online resource – to help you understand the drunk driving rules and regulations across the United States. Click on a state below to find out more about their drunk driving laws.

Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.

Please note: All of our lawyers are licensed to practice in the state of Pennsylvania. We also have lawyers licensed to practice in Ohio, and West Virginia and we associate with experienced attorneys in other states.

The materials at this web site have been prepared by our Law Firm for information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. These materials do not, and are not, intended to constitute legal advice. Readers should not act upon this information without seeking professional counsel. The information provided at this site is subject to change without notice. Although we try to keep our site current and accurate, you should not rely on this information or its applicability to any specific circumstances without speaking with an attorney.

Ohio Drunk Driving Laws

When is a Driver Considered to be Legally Drunk in Ohio?

• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater. In Ohio, school bus drivers are commercial drivers.
• Drivers under 21 are legally drunk when their blood alcohol level is
  .02 or more.

Penalties for Drunk Driving in Ohio

• A person who commits a first DWI faces up to six months in jail and is subject to pay a fine of $375 to $1,075. The driver’s license suspension period is six months to three years.
• A person who commits a second DWI within six years of the previous conviction faces up to six months in jail and is subject to pay a fine of $525 to $1,625. The driver’s license suspension period is one to five years.
• A person who commits a third DWI within six years of the previous convictions faces up to one year in jail and is subject to pay a fine of $850 to $2,700. The driver’s license suspension period is two to 10 years.
• A person who commits a fourth or subsequent DWI within six years of the previous convictions faces up to five years in prison and is subject to pay a fine of $1,350 to $10,500. The driver’s license suspension period is three years to life.

Limited Driving Privileges/Ignition Interlock

Depending on the circumstances of the DWI, an offender may be permitted to have limited driving privileges after serving a certain portion of the driver’s license suspension period for limited purposes, such as getting to and from work, school, a medical appointment, or court-ordered treatment. In most cases, the grant of limited driving privileges requires the offender to use an ignition interlock device.

Commercial Drivers

In addition to other penalties associated with Ohio’s DWI laws, a commercial driver who is convicted of DWI while operating any vehicle will be disqualified from driving a commercial vehicle for one year. If, however, the offender was driving a commercial vehicle and transporting hazardous materials at the time, the disqualification period is three years. If a commercial driver is convicted of a second DWI while operating any vehicle, the offender will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to a period of at least 10 years.

Drivers Under 21

An underage driver who commits a first DWI while driving with a BAC of at least .02 but less than .08 is guilty of a misdemeanor of the fourth degree. A misdemeanor of the fourth degree is punishable by up to 30 days in jail and a fine of up to $250. The driver’s license suspension period is three months to two years.

An underage driver who commits a second DWI while driving with a BAC of at least .02 but less than .08 within one year of the first offense is guilty of a misdemeanor of the third degree. A misdemeanor of the third degree is punishable by up to 60 days in jail and a fine of up to $500. The driver’s license suspension period is one to five years.

What is Ohio’s Dram Shop Act?

Under Ohio’s Dram Shop Act, a person who is injured as a result of the actions of an intoxicated person has a cause of action against the liquor permit holder or the employee of the permit holder who sold alcohol to the intoxicated person if the injury occurred on the permit holder’s property or in a parking lot under the permit holder’s control and if the injury was proximately caused by the negligence of the permit holder or the negligence of its employee. A person has a cause of action against the permit holder or its employee for personal injury caused by the negligent acts of an intoxicated person occurring off the premises or away from a parking lot under the permit holder’s control if the permit holder or its employee knowingly sold alcohol to a noticeably intoxicated person or to a person under 21 and the person’s intoxication proximately caused the injury.

Criminal Penalties for Selling or Providing Alcohol to a Person Under 21

In Ohio, it is a crime to sell or provide alcohol to a person under 21. This crime is punishable by up to sixty days in prison, a fine of $500 to $1,000, or both.

Penalties for Selling Alcohol to an Intoxicated Person

In Ohio, it is a minor offense for a licensed drinking establishment to sell alcohol to an intoxicated person. A violation of this law subjects the offender to a fine of up to $500 and 60 days in prison..

‍

Pennsylvania Drunk Driving Laws

When is a Driver Considered to be Legally Drunk in Pennsylvania?

• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles are legally drunk when their blood alcohol concentration is .04 percent or greater.
• School bus drivers are legally drunk when their blood alcohol level is .02 or more.
• Drivers under 21 are legally drunk when their blood alcohol concentration is .02 or more.

Penalties for Drunk Driving in Pennsylvania

Driver's License Suspension and Revocation Periods

When a person is convicted of DUI with a BAC of less than .10, there is no driver's license suspension period for the first offense. Those who commit a DUI with a BAC level of .10 or higher, as well as those who have one or two previous DUI convictions are subject to a grading system that will determine the license suspension period, which ranges between 12 and 18 months. First-time DUI offenders facing a license suspension may opt to have an ignition interlock system installed for the same period of time instead. A person who has three DUI convictions, however, is a habitual offender and will have his or her driver's license revoked for five years. Each additional offense within a period of five years of a previous offense will result in an additional two-year revocation. Drivers at any BAC level who refuse a blood-alcohol test but are convicted and lose their license will be forced to be a restoration fee of between $500 and $2,000, depending on whether it’s a first-time offense of a subsequent offense.

Penalties for General Impairment

In Pennsylvania, a driver is "generally impaired" if his or her BAC level is at least .08 but less than .10. Those who are convicted of DUI while generally impaired face the following penalties:

• A first-time offender must undergo a mandatory minimum term of six months probation; pay a $300 fine; attend an alcohol highway safety school; and comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• A second-time offender will be imprisoned for at least five days; must pay a fine between $300 and $2,500; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• For a third or subsequent violation, the offender will be imprisoned for at least 10 days; must pay a fine between $500 and $5,000; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.

Penalties for High Rate of Blood Alcohol

A driver has a "high rate of blood alcohol" when the individual's alcohol concentration is at least .10 but less than .16. Those who are convicted of DUI with a high rate of alcohol face the following penalties:

• A first-time offender must undergo a mandatory minimum prison term of not less than 48 hours; must pay a fine between $500 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• A second-time offender will be imprisoned for at least 30 days; must pay a fine between $750 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• A third-time offender will be imprisoned for at least 90 days; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• For a fourth or subsequent violation, the offender will be imprisoned for at least one year; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.

Penalties for Highest Rate of Blood Alcohol

A driver has the "highest rate of blood alcohol" when the individual's alcohol concentration is .16 or higher. Those who are convicted of DUI with the highest rate of alcohol face the following penalties:

• A first-time offender must undergo a mandatory minimum term of imprisonment of not less than 72 hours; must pay a fine between $1,000 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• A second-time offender will be imprisoned for at least 90 days; must pay a fine of at least $1,500; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• For a third or subsequent violation, the offender will be imprisoned for at least one year; must pay a fine of at least $2,500; and must comply with all drug and alcohol treatment imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.

Special Penalties for Drunk Driving with a High Rate of Blood Alcohol that Causes Bodily Injury, Vehicle Damage, or Property Damage

When a drunk driver operates a vehicle with a high rate of alcohol and causes bodily injury, vehicle damage, or property damage, the following penalties apply:

• A first-time offender must undergo a mandatory minimum prison term of not less than 48 hours; must pay a fine between $500 and $5,000; must attend an alcohol highway safety school, and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• A second-time offender will be imprisoned for at least 30 days; must pay a fine between $750 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• A third-time offender will be imprisoned for at least 90 days; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• For a fourth or subsequent violation, the offender will be imprisoned for at least one year; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.

Special Penalties for Commercial Vehicle and School Bus Drivers

When a commercial vehicle operator or a school bus driver commit a DUI, the following penalties apply:

• A first-time offender must undergo a mandatory minimum prison term of not less than 48 hours; pay a fine between $500 and $5,000; attend an alcohol highway safety school, and comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• A second-time offender will be imprisoned for at least 30 days; must pay a fine between $750 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• A third-time offender will be imprisoned for at least 90 days; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• For a fourth or subsequent violation, the offender must be imprisoned for at least one year; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service work.
• Where the driver was a commercial driver at the time of the violation, the driver will be disqualified from driving a commercial vehicle for one year for the first offense. If, however, the driver was transporting hazardous materials at the time, the disqualification period is three years. A second-time offender will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to a period of not less than 10 years.

Special Penalties for Minors

All drivers under 21 who commit a DUI are subject to an automatic six-month driver's license suspension, regardless of age. Drivers under 18 who commit a DUI will be punished under Pennsylvania's Juvenile Act. Punishment under that Act may include a term of probation, committing the child to an institution, and/or ordering the child to pay a reasonable fine.

A drunk driver who is at least 18 but under 21 faces the following penalties:

• A first-time offender must undergo a mandatory minimum prison term of not less than 48 hours; must pay a fine between $500 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• A second-time offender will be imprisoned for at least 30 days; must pay a fine between $750 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• A third-time offender will be imprisoned for at least 90 days; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
• For a fourth or subsequent violation, the offender must be imprisoned for at least one year; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.

Ignition Interlock

A person who commits a second DUI within 10 years of the first offense will be required to apply for an ignition interlock restricted license. The license may be issued following the driver's license suspension period. After one year, the offender may apply for a replacement license that does not contain the ignition interlock restriction.

Additional Pennsylvania Drunk Driving Laws

What is Pennsylvania's Dram Shop Statute?

Under Dram Shop, a licensed drinking establishment can be held liable for injuries caused by intoxication if the establishment served alcohol to a visibly intoxicated or to a minor.

What is Pennsylvania's Social Host Law?

Under Pennsylvania common law, adults who serve alcohol at private functions are "social hosts." If a social host serves alcohol to a minor and the minor is injured or the minor injures someone else because of intoxication, the social host may be liable to pay money damages to the injured person. Social host liability only applies to adults who serve alcohol to minors. Pennsylvania law holds that adults are responsible for the consequences of their own drinking.

Criminal Penalty for Furnishing Alcohol to a Minor

Under Pennsylvania criminal law, a person who furnishes alcohol to a minor commits a third degree misdemeanor. This law has been applied to parents who allow their children to drink at home. A third degree misdemeanor is punishable by up to one year in prison and a fine of up to $2,500. Under this law, a first violation requires a minimum fine of $1,000. For subsequent violations, the minimum fine is $2,500.

Criminal Penalty for Licensed Drinking Establishment Selling Liquor to Minors

If a bar serves alcohol to a minor, the establishment's owner, operator, or the server faces a term of imprisonment of three months to one year, a fine of up to $5,000, or both. The establishment can also lose its liquor license.

Pennsylvania Limited Tort Waiver Restrictions

In Pennsylvania, a person who chooses Limited Tort over Full Tort on an auto insurance policy waives the right to sue for pain and suffering caused by another driver in most circumstances. A DUI conviction, however, is one exception to this rule. If a limited tort policyholder is injured by a drunk driver and the drunk driver is later convicted of DUI, the victim can sue for pain and suffering. A victim may also sue for pain and suffering, even absent a DUI conviction, if the victim dies, suffers serious bodily impairment or permanent serious disfigurement.

‍

Virginia Drunk Driving Laws

When is a Driver Considered to be Legally Drunk in Virginia?

• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater. In Virginia, school bus drivers are commercial drivers.
• Drivers under 21 are legally drunk when their blood alcohol level is
  .02 or more.

Penalties for Drunk Driving in Virginia

• A first-time offender faces up to 12 months in jail and a minimum fine of $250 to $2,500. If, however, the offender’s BAC was at least .15, but not more than .20, there is an additional mandatory minimum jail term of five days. If the offender’s BAC was more than .20, the additional mandatory minimum jail term is 10 days. First-time offenders will have their driving privileges suspended for one year.
• A person who commits a second DWI within five years of the first offense faces one month to one year in jail and a minimum fine of $250 to $2,500. If, however, the second offense occurred within 10 years of the first offense and the offender’s BAC was at least .15 but not more than .20 , there is an additional mandatory minimum jail term of 10 days. If the offender’s BAC was more than .20, the additional mandatory minimum jail term is 20 days. Also, the offender will be fined a mandatory minimum fine of $500, but the fine can be as high as $2,500. Those who commit a second offense within 10 years of the first will have their driver’s licenses revoked for three years.
• A person convicted of three DWI offenses within a ten year period faces an indefinite license revocation, a minimum fine of $1,000, and prosecution as a Class 6 felony, a mandatory minimum 90 day jail sentence as well as permanent forfeiture of the person's vehicle, if the person is the sole owner.
• A person who is convicted of a fourth or subsequent DWI in a 10-year period is subject to a minimum of one year in prison and a fine of $1,000 to $2,500. Those who commit a fourth or subsequent offense will have their driver's licenses revoked indefinitely.

Additional Penalties for Drunk Driving While Accompanied by a Child 17 or Under

A person convicted of DWI while transporting a child 17 or under will be fined an additional $500 to $1,000 and must serve at least five days in jail.

Ignition Interlock

The sentencing judge may order a first-time offender to use an ignition interlock device for up to one year after the offender’s driver’s license is restored. Those who commit a second or subsequent offense and those who commit a DWI with a BAC of .15 or more must use an ignition interlock device for at least six months after driving privileges are restored. The judge can, however, order these offenders use the device for a period of time not to exceed the period of the license suspension.

Commercial Drivers

In addition to other penalties that may apply under Virginia’s DWI laws, a commercial driver who commits a first DWI while driving any vehicle will be disqualified from driving a commercial vehicle for one year. If, however, the driver was operating a commercial vehicle and transporting hazardous materials at the time, the disqualification period is three years. A commercial driver who commits a second DWI while driving any vehicle within a 10-year period will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to a period of not less than 10 years.

Drivers Under 21

A driver under 21 who commits a DWI will forfeit his or her driver’s license for one year and be fined up to $500. A person who commits underage DWI may also be required to attend an alcohol safety action program and drive on a restricted license. If the offender is 18 or older and his or her BAC measured .08 or more, the offender may be subject to the penalties applicable to drunk drivers 21 and older.

Dram Shop

Virginia does not have a dram shop act.

Criminal Liability for Selling Alcohol to Minors

It is a crime for a licensed drinking establishment to sell alcohol to persons under 21. A violation of this law subjects the offender to up to 12 months in jail, a fine of up to $2,500, or both.

Criminal Liability for Furnishing Alcohol to Minors

It is a crime for a person to furnish alcohol to a person under 21. Violators face up to 12 months in jail, a fine of up to $2,500, or both. These offenders will also have their driver’s licenses suspended for up to one year.

‍

West Virginia Drunk Driving Laws

When is a Driver Considered to be Legally Drunk in West Virginia?

• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater. In West Virginia, school bus drivers are commercial drivers.
• Drivers under 21 are legally drunk when their blood alcohol concentration measures .02 or more.

Penalties for Drunk Driving in West Virginia

• A first-time offender faces one day to six months in jail and a fine of $100 to $500. The driver’s license revocation period is six months.
• A person who commits a second DUI within 10 years of the first offense faces six months to one year in jail and a fine of $1,000 to $3,000. The driver’s license revocation period is 10 years.
• A person who commits a third or subsequent DUI within 10 years of the previous offenses faces one to three years in prison and a fine of $3,000 to $5,000. The offender’s driver’s license will be revoked for life.

Penalties for Drunk Driving that Causes Death

A person who commits a DUI that causes or contributes to the death of another person within one year of the date of the offense faces 90 days to one year in prison and is subject to pay a fine of $500 to $1,000. The driver’s license revocation period is five years. If, however, it is shown that the offender drove drunk in reckless disregard for the safety of others, the offender faces one to 10 years in prison and is subject to pay a fine of $1,000 to $3,000. The driver’s license revocation period is 10 years.

Penalties for Drunk Driving that Causes Bodily Injury

A person who commits a DUI that causes bodily injury to another person faces one day to one year in jail and is subject to pay a fine of $200 to $1,000. The driver’s license revocation period is two years.

Penalties for Permitting Drunk Driver to Drive Your Car

If a person knowingly permits a drunk person to drive their vehicle, that person faces up to six months in jail and is subject to pay a fine of $100 to $500. The person will also have his or her driver’s license revoked for six months.

Penalties for Drunk Driving While Passenger Under 16 is in the Vehicle

A person who commits a DUI while a passenger under 16 is in the vehicle faces two days to 12 months in jail and is subject to pay a fine of $200 to $1,000. The driver’s license revocation period is one year.

Motor Vehicle Alcohol Test and Lock Program

First-time DUI offenders are eligible to participate in West Virginia’s Test and Lock Program. Depending on the circumstances of the DUI, after a certain period of time passes, the offender is eligible to apply for a license that permits him or her to drive with an ignition interlock device. For example, a person whose driver’s license was revoked for six months for a first DUI is eligible to participate in the test and lock program at the expiration of 15 days. If accepted into the program, the offender will be required to use an ignition interlock device for 125 days.

Repeat offenders are required to participate in the program. The minimum driver’s license revocation period is one year, and the minimum period of the use of the ignition interlock device is two years, except that a repeat underage DUI offender who drove with a BAC of .02 but less than .08 is subject to a minimum driver’s license revocation period of two months and a minimum period of use of the ignition interlock device for one year. For each additional previous conviction or revocation the offender has within the past 10 years, one year will be added to the minimum period of use of the ignition interlock device. Any person required to participate in the program must install an ignition interlock device on every vehicle he or she owns or operates.

Commercial Drivers

In addition to other penalties that may apply under West Virginia’s DUI laws, a commercial driver who commits a first DUI while driving any vehicle will be disqualified from driving a commercial vehicle for one year. If, however, the driver was operating a commercial vehicle and transporting hazardous materials at the time, the disqualification period is three years. A commercial driver who commits a second DUI while driving any vehicle will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to a period of not less than 10 years.

Drivers Under 21

A person under 21 who drives with a BAC of .02 but less than .08 is subject to pay a fine of $25 to $100 for the first offense. The driver’s license suspension period is 60 days. An underage driver who commits a second or subsequent offense faces 24 hours in jail and is subject to pay a fine of $100 to $500. The driver’s license revocation period is one year or until the person’s 21st birthday, whichever period is longer.

What is West Virginia’s Dram Shop Act?

In West Virginia, a licensed drinking establishment that sells alcohol to a person under 21 or to an intoxicated person can be liable for injuries caused by intoxication based on common law negligence.

Criminal Penalties for Selling Alcohol to Minors

Any licensee or agent of such is guilty of a misdemeanor, and shall, upon conviction thereof, for each offense be fined not less than one hundred or more than five thousand dollars, or imprisoned in the county jail for not less than thirty days nor more than one year, or both fined and imprisoned.

Criminal Penalties for Furnishing Alcohol to Minors

Any person who knowingly buys for, gives to or furnishes to anyone under the age of twenty-one to whom he or she is not related by blood or marriage any liquor from whatever source is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $250 dollars or confined in jail for a period not to exceed ten days, or both fined and confined.